Overview
Pulaski County is located in Indiana with a population of approximately 12,421. The Pulaski Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Indiana probate is governed by Indiana Code Title 29. The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Indiana offers a simplified procedure for small estates. If the gross probate estate, less liens and encumbrances, does not exceed $100,000, assets may be transferred via a Small Estate Affidavit after a 45-day waiting period following the death.
Indiana does not have a statutory percentage fee schedule for attorneys or personal representatives. Fees must be reasonable and are typically subject to court approval, especially in supervised administration.
This guide provides an informational overview of the Pulaski County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Pulaski Circuit Court
Probate matters in Pulaski County are handled at the Justice Center, Room 225.
Address: 110 East Meridian Street, Winamac, IN 46996
Phone: (574) 946-3851 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Closed 12:00 PM - 1:00 PM)
The Circuit Court is located in the Justice Center, Room 225, in downtown Winamac. The Clerk's office manages filings and records.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate (less liens) is valued at $100,000 or less, you may be able to use an affidavit 45 days after death.
- Transfer on Death (TOD): Real estate or accounts with TOD/POD designations pass directly to beneficiaries.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Pulaski Circuit Court. Include:
- Petition for Probate of Will (if applicable) and Appointment of Personal Representative
- Original Last Will and Testament (if applicable)
- Certified death certificate
- Filing fee ($177.00)
- Waiver of Notice consents from heirs (if applicable)
Attorneys in Indiana are required to use the statewide e-filing system.
Step 3: Provide Notice
After filing and appointment, you must:
- Serve notice of administration to all heirs, beneficiaries, and known creditors.
- Publish notice in a newspaper of general circulation in Pulaski County (such as the Pulaski County Journal) once each week for two consecutive weeks.
Step 4: Attend the Hearing
For unsupervised administration with waivers, a hearing may not be required. If supervised or contested, the court will schedule a hearing. Upon approval, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the first publication to file claims)
- Inventory and appraise all estate assets within 60 days (for supervised estates)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting (or closing statement) and petition for discharge
Local Requirements
Pulaski County-Specific Procedures
- E-filing: Mandatory for attorneys via the Indiana E-Filing System (IEFS).
- Bond requirements: Bond is typically required for personal representatives unless waived by the Will or by all heirs/beneficiaries.
- Local court rules: Pulaski County follows Indiana Rules of Court; check with the Clerk for any specific local filing preferences.
- Publication: Notice must be published in a newspaper of general circulation in Pulaski County for two consecutive weeks.
Consult the Pulaski County Clerk's office for the most up-to-date local forms and procedural checklists.
Timeline & Fees
Filing Fees (Pulaski County)
- Opening an Estate (Supervised or Unsupervised): $177.00
- Guardianship: $177.00
- Certified copies of Letters: ~$2.00 per copy (plus copy fees)
- Publication costs: approximately $100-$150 depending on the newspaper
- Sheriff Service (if needed): $28.00
Attorney and executor fees are not fixed by statute but must be "reasonable" given the size and complexity of the estate.
Payment Methods
The Clerk accepts cash, cashier's checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Small Estate Affidavit): 45+ days
- Unsupervised Administration: 6-9 months
- Supervised/Complex estates: 12 months to 2+ years
Creditors have 3 months from the date of first publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
Pulaski County Court Resources
- Court Website: pulaskionline.org
- Probate Self-Help: Indiana Judicial Branch Self-Service
- Indiana Probate Forms: State Forms
Legal Aid and Attorney Referrals
- Indiana State Bar Association: (317) 639-5465 — Lawyer Referral Service
- Indiana Legal Services: (844) 243-8570 — Legal Aid
Publication
- Pulaski County Journal: (574) 946-6628 — Website